Broker Referral Agreement for Malta

Broker Referral Agreement Template for Malta

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Broker Referral Agreement

"I need a Broker Referral Agreement for my Malta-based financial services firm to establish a referral network with insurance brokers across the EU, including a tiered commission structure and compliance with MFSA requirements, to be implemented by March 2025."

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What is a Broker Referral Agreement?

The Broker Referral Agreement is essential for businesses operating in Malta's financial services sector and related industries where referral arrangements are common. This document is particularly relevant given Malta's position as a financial services hub and its comprehensive regulatory framework. The agreement is designed to comply with Maltese law, including requirements set by the Malta Financial Services Authority (MFSA) and relevant EU regulations. It's typically used when one party wishes to formally establish an arrangement to refer clients or business opportunities to another party in exchange for compensation. The document covers crucial aspects such as referral mechanisms, fee structures, compliance obligations, data protection requirements, and risk allocation between parties. The Broker Referral Agreement is particularly important in Malta's highly regulated financial services environment, where clear documentation of business relationships and compliance with regulatory requirements is essential.

What sections should be included in a Broker Referral Agreement?

1. Parties: Identification of the referring broker and the receiving party, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, business relationship, and purpose of the referral arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Services: Detailed description of referral services, including what constitutes a qualified referral

5. Referral Process: Step-by-step process for making and accepting referrals, including any documentation requirements

6. Compensation and Payment Terms: Structure of referral fees, payment calculations, timing, and payment methods

7. Obligations of the Parties: Specific duties and responsibilities of both the referring broker and receiving party

8. Compliance Requirements: Regulatory compliance obligations, including licensing, permits, and regulatory approvals

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Representations and Warranties: Standard and specific warranties from both parties

13. Limitation of Liability: Limitations on liability and indemnification provisions

14. General Provisions: Standard boilerplate clauses including notices, assignments, amendments, and governing law

What sections are optional to include in a Broker Referral Agreement?

1. Non-Compete: Restrictions on competitive activities, used when parties want to prevent competition in specific markets

2. Training and Support: Details of any training or support provided by either party, included when there's a significant operational component

3. Marketing and Branding: Guidelines for using each party's branding and marketing materials, included when joint marketing is contemplated

4. Service Levels: Specific performance metrics and standards, used in more sophisticated referral arrangements

5. Dispute Resolution: Specific dispute resolution procedures, included when parties want alternative dispute resolution mechanisms

6. Insurance Requirements: Specific insurance coverage requirements, included for high-value or high-risk referral arrangements

7. Audit Rights: Rights to audit referral records and payments, included in complex or high-value arrangements

What schedules should be included in a Broker Referral Agreement?

1. Schedule 1 - Referral Fee Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods

2. Schedule 2 - Referral Process Flow: Detailed workflow and procedures for making and processing referrals

3. Schedule 3 - Compliance Requirements: Specific regulatory requirements and compliance procedures

4. Schedule 4 - Reporting Templates: Standard forms and templates for referral reporting and tracking

5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing materials and usage guidelines

6. Appendix A - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures

7. Appendix B - Contact Details: Key contact information for both parties and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Investment Services

Corporate Services

Wealth Management

Commercial Property

Professional Services

Legal Services

Fund Management

Trading Services

Relevant Teams

Legal

Compliance

Business Development

Finance

Operations

Risk Management

Commercial

Sales

Partnerships

Regulatory Affairs

Account Management

Relevant Roles

Compliance Officer

Legal Counsel

Business Development Manager

Financial Services Director

Broker Relations Manager

Partnership Manager

Risk Manager

Operations Director

Commercial Director

Chief Financial Officer

Regulatory Affairs Manager

Sales Director

Account Manager

Managing Director

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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